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Gonzales v. Schutt

United States District Court, District of Oregon, Medford Division

January 27, 2015

ORLANDO GONZALES; BONNIE JEAN GONZALES, Plaintiffs,
v.
DAVID SCHUTT, Defendant.

ORDER

OWEN M. PANNER, U.S. DISTRICT JUDGE

On December 12, 2014, Magistrate Judge Mark D. Clarke filed a Findings and Recommendation (#16), and the matter is now before this Court. See 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72(b). Defendant filed objections (#21), Plaintiffs have responded to Defendant's objections (#22) and I have reviewed the file of this case de novo. 28 U.S.C. § 636(b)(1)(C); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).

I have given this matter de novo review. I find no error. There are insufficient facts for the Court to make a determination regarding prosecutorial immunity and sovereign immunity at this stage of the case. Accordingly, I ADOPT the Findings and Recommendation. Defendant's Motion to Dismiss (#7) is DENIED. Plaintiffs' Motion to Amend the Complaint (#11) is GRANTED.

IT IS SO ORDERED.


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